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(영문) 서울중앙지방법원 2015.10.23 2015고단5079
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 32 hours.

Reasons

Punishment of the crime

On August 19, 2015, around 18:27, the Defendant committed an indecent act against the victim at the place where the victim her sexual organ is closely located and the victim her sexual organ is pushed off by her her amb, with the close hand hand, etc., attached after the victim G (n, 21 years of age) in the F-dong train run from the subway 9 line E in Seocho-gu Seoul, Seocho-gu, Seoul. The Defendant committed an indecent act against the victim at the place where the public is concentrated by means of rain.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of each statute on photographs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Where a judgment of conviction against a defendant is finalized on the crime of a sex crime subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order on March 31, 2014, which was sentenced to a two-month suspended sentence for the same crime on March 31, 2014 and the victim committed a sex crime subject to registration during the suspended sentence, the defendant becomes a person subject to registration of personal information under Article 42(1) of the same Act, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, disclosure order or notification order, anticipated side effects of the Defendant’s disadvantage B and expected side effects, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant shall be deemed to have any special circumstance that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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